§ MR. STANSFELD (Halifax)asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, in criminal cases in Ireland, the Crown Solicitor, in directing jurors to stand by, acts upon his own discretion only or upon instructions given to him; if such instructions are given to him are they of a general character, dealing with all prosecutions, or are they of a special character dealing only with particular cases or classes of cases; if of a general character will the right hon. Gentleman cause them to be laid upon the Table of the House forthwith; and, if of a special character, are such instructions given by the Attorney General or by some other person; and, if so, by whom?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. HOLMES) (Dublin University)Perhaps the right hon. Gentleman will allow me to answer this Question, as it is connected with my Department. A Crown Solicitor, in directing jurors to stand by, acts under general directions applicable to all prosecutions. These directions have been in existence for a great number of years, and form part of the instructions given him on entering on the duties of his office. There is no objection to laying the directions on the Table of the House; but, as they are not long, it might, perhaps, be the more convenient course if 387 I were to read them now. They are as follow:—
The Clerks of the Crown for the several counties shall procure from the Sheriff and furnish to the respective Crown Solicitors some time before the day appointed for the commencement of each Assizes a true list of the jury summoned; and for the purpose of duly exercising the right of the Crown to direct jurors to stand by, and, if need he, to challenge for cause, the Crown Solicitor shall make due inquiries in reference to the persons summoned; and when in any case he shall have sufficient reason to believe that any person coming to he sworn as a juror is open to challenge for affinity to the person on trial, partiality, bodily or mental infirmity rendering him unfit to serve as a juror, or other sufficient ground on which a challenge, if made, could be sustained, he shall direct such juror to stand by; and he shall also, in the exercise of a due discretion, direct to stand by all such persons as he shall have reason to believe are likely to be hindered from giving an impartial verdict, by favour towards the accused, fear of the consequences to their persons, property, or trade, or other improper motive, although same may not amount to a legal ground of challenge, or may not admit of legal proof; and in the discharge of this duty the Crown Solicitor will not interfere unless the circumstances of the case require it, and will then act with due care and caution, but also with promptness and decision, and, if time permit, should, consult the leading Crown counsel in the case. In all cases of peculiar local excitement in any particular town or district of the county it will be prudent, if the panel permit, to set aside all persons returned from such locality; and in all cases every vintner, publican, and retailer of spirituous and malt liquors shall, as a matter of course, be ordered to stand by.
§ MR. T. P. O'CONNOR (Liverpool, Scotland)Might I ask the right hon. and learned Gentleman a Question arising out of the answer which he has given? One of the grounds, as I understand, for ordering a juror to stand by, is affinity to the person accused? [The ATTORNEY GENERAL for IRELAND: Yes.] Well, I should like to know, in face of the fact that at the recent Sligo trials all Catholics in a great many cases were ordered to stand aside, and the jury was made, by the challenges of the Crown, to consist exclusively of Protestants, whether the interpretation put on that portion of the instructions by the Government is that every Catholic juror is prevented, by affinity to every Catholic prisoner, from taking part in his trial?
§ THE ATTORNEY GENERAL FOR IRELANDI can certainly say that it is not so looked upon by me; and I know that it is not so looked upon by the Crown Solicitor.
§ MR. SEXTON (Belfast, W.)May I ask the right hon. and learned Gentleman if these instructions rest upon statutory authority; or, if not, on what authority do they rest?
§ THE ATTORNEY GENERAL FOR IRELANDThe instructions do not rest on statutory authority. The instructions are issued for the purpose of telling the Crown Solicitor what his duties are to be upon his taking office. As I have said, I am not responsible for their issue, and they have been in existence certainly for 20 years.